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tv   Studio B With Shepard Smith  FOX News  January 13, 2012 12:00pm-1:00pm PST

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have a great weekend. i'm megyn. >>shepard: the orchestra worked all week on that. >>megyn: i don't like it. >>shepard: maybe they trashed the music you liked. we will call the orchestra back in. they are union workers. they will come. you are the best, megyn. the news begins anew. on "studio b" president obama has announced a new plan to shrink the size of government. we will tell you how that will work and how republicans are responding. and doctors state former presidential candidate john edwards has a live-threatening health condition. and now a live report on that. and, tebow is having quite a week according to a new espn poll the quaterback is now the country's most popular athlete. but he will be in enemy
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territory this weekend. trace gallagher looks at the odds stacking against him all ahead unless breaking news changes everything. this is "studio b." >> but first from fox at 3:00 in new york, a judge today sentenced joran van der sloot to 28 years in prison for the murder of a young woman who was not natalee holloway and he could get out of jail in half that time. the nervous, and shaky 24-year-old was silent as the court recounted the vehicles of how he murdered and rob add 21-year-old woman he met at a casino. joran van der sloot claims he killed her in a fit of rage as she scoffed articles about the case on his computer and he pleaded guilty he said he was "really sorry," about the whole killing her thing but he was stressed out over the hallway coverage and his father had just
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died. the murder happened five years to the day after the 18-year-old hall way vanished in aruba last seen leaving a note club with joran van der sloot and he is still to to day the main suspect in that case. yesterday, a judge in alabama declared natalee hall way legally dead. and now the news from south florida this afternoon, we learned new details of the murder in peru. >>reporter: that is right. the way they do in their courts the timeline of the crime is read and joran van der sloot was standing there, wiping away the sweat, obviously, the family members of the victim were in agony hearing detail by detail, much of it from his confession, of what the judges called a viciously violent murder. >> he hit her face using his elbow causing her to have a bloody northeast and causing her to faint. then he held her by the neck with both hands and strangled
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her. >>reporter: in addition to the brutality of the violence there is a degree of calculation. joran van der sloot was able to take two of the sheets from the bed, mop up the blood to disguise the crime scene and he also went out leaving the body behind, bought two cups of coffee and came back to the scene of the crime where the body lay. >>shepard: the victim's family is now complaining about joran van der sloot's treatment in jail. >>reporter: that is right. the father of the 21-year-old, a prominent businessman complains he had internet access, tv, and spends the days playing video game. that could change now that she a convicted murderer but at 24 years old he could serve at least just half of that 28 year sentence so he could first be eligible for parole if he behaves well in jail at age 38.
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>>shepard: thank you, steve. and now to our legal panel, criminal defense attorney arthur aidala, and kings county prosecutor in new york, josh. 28 years. good behavior. mike get out in 14 years. or so. >>arthur: yesterday we agreed he should be sentenced at the higher end, and the highest was 30 years and he gave him a bone for admitting and not going to trial and the case in the united states of america hanging over his head where he stole $25,000 from natalee holloway's mom and he could be extradited on that. >> that will run concurrent. to encourage a plea, take 15 years to run concurrent.
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>>shepard: how do you get at him now in the united states? extradition? and begin the process all over? >>arthur: it is not easy and it is really going to depend on when he is paroled. i don't think they will offer him anything. they will keep the warrant and if he gets out in 14 years for killing at least one woman the feds will come after him and make him pay the price because the parents will have something to do with that. >>guest: they will say we will not make this a circus f we offer you something now, a nice offer to him and the family is happy with the offer and he pleads guilty to extortion, that would be the best-case-scenario. a tragedy. a tragedy. >>shepard: but it has to do with due behavior and he has not shown the ability to do that. when he is loose he kills someone or commit as crime. >>arthur: and the video game
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part in jail those privileges will be taken away when someone becomes a real prisoner opposed to being just accused. he will be doing rough time in chile. >>guest: everyone is upset. they want an explanation. people are angie they do not like the system, and there is a lot of reasony we ended up where we are today but anyone will be satisfied in the end with such a tragedy. >>shepard: we will follow it as we will look forward to weekend football. have you seen the cover of the new york post which, today, eli manning and he is on the back cover, and with mad face on, in what appears to be a leather white beater and a very large gun and he is gunning for the green bay packers. thank god. 21 pages. how many pages does your offer of football coverage? we have 21 pages in one of ten
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papers in the big city. very exciting. >>arthur: i don't know why eli is rambo, but a great graphic. >>shepard: it doesn't matter. the post does what it does and it is go. we own the post. we don't, our parent company does. i got stock. white house. they will root for the giants. sorry, green bay. the president today asking congress for the power to shrink the united states government by closing down the department of commerce and merging six other agencies so you would think republicans are happy as they could be! and now, the republicans, ed, are thrilled he will russia republic the government. >>reporter: they have been calling for shrinking the government, and so far the republicans are cautious about saying we want to hear mr. mr. e details.
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they are not in the mood to work with the president poking in the eye over executive actions without getting congress on board, and bypassing republicans. in this case heel need congress' support because he needs the authority to reorganize government. a president cannot do that on his own. in this case the president would eliminate the commerce department, and merge it with several other agencies that deal with the economy and trade the overlapping government ages to make it more efficient. here is the president. >> with or without congress i will keep at it. it would be easier if congress helped. >>reporter: in fact, he will have to get congress' support and not just with republicans but democrats. and a very senior democrat, the senator from montana, senator baucus, chairman of the senate finance committee overseeing trade is not sure it is a good idea to take the u.s. trade representative office and emergency it with the new government agency. it could hurt u.s. exports.
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that is not the reaction the white house wants. >>shepard: what do the republicans say? >>guest: they are saying it is a good start because the president says that if this moves forward it will save $3 billion in money by merging all of the agencies but you hear republicans saying yesterday the president asked for $1.2 trillion in more borrowing authority, so is this really going to save that much money in the grand scheme? here is a statement from a spokesman for senator mcconnell who said after presiding over one of the largest expansions of government in history and a year after raising the issue in the last state of the union, it is interesting to see the president finally acknowledge that washington is out-of-control." so you can see republicans still poking the president there. the white house believes they have an issue like the payroll tax extension where republicans have been in favor of tax cuts and in a tough position to oppose it they think they politically have the republicans in a tough position because they cannot oppose shrinking
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government. >>shepard: who is your football pick? >>guest: i am a giant fan but what you said, i don't want to correct you but i don't think the white house will get behind the giants over green bay because wisconsin is a swing state and new york is not. will be very careful about boating up on green bay. >>shepard: all right. right here, this h.d. camera i can see heat rising by the tree over your left shoulder. do you have a heater? >>guest: i do, to keep me warm. it might set my jacket on fire. >>shepard: that would be tv. >>guest: maybe for you. >>shepard: thank you. anti-american sentiment in iran is spreading from the streets to the newspapers. the anger as the country buries an assassinated nuclear scientist. and this morning employees at a lumber yard showed up for work
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>>shepard: chanting "death to america," and "death to israel," during an iranian scientist's funeral who was reportedly assassinated. the dead scientist was director for iran's main nuclear facility. witnesses say two people on a motorcycle attached a bomb to his car early this week and the blast killed the nuclear expert and his driver. iran, of course, blames the united states and israel for the attack. secretary of state hillary clinton denies the u.s. had anything to do with it and the israel president said and i quote, "to the best of my knowledge israel wasn't
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involved." jennifer, several iranian newspapers are now calling for revenge attacks and there are fears something like that might happen. >>guest: that is right, and the defense secretary panetta, also, he said yesterday the united states was not involved but thousands of mourners turned out for the funeral of this assassinated scientist, the head of the enrichment program and an unidentified iranian security official was quoted by hard-line newspapers threat being retaliation, iran's intelligence community is in a very good position to design tit for tat operations dealing with western, sources. >>shepard: iran is inviting the u.n. nuclear inspectors back. >>guest: that is interesting timing and the first time in three years that iran has
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allowed them to send top level team to discuss, and this is what they are saying county they will be discussing the accusations by the west that they are pursuing a nuclear weapon. iran has been resisting the attempts to discuss that for the past throw years. the team which will include an american lawyer, is expected there on january 28th and it is an interesting develop new but it could be a stalling mechanism. >>shepard: thank you. and now a story from early this in the week the f.b.i. is reporting the woman who want missing in montana over the weekend was found dead. the 43-year-old math teacher disappeared saturday morning after a jog. the f.b.i. has a man in custody and that agency is questioning another man in connection with the case. officials say a tip from the public led to the two men. no word on how the woman died. >> political pundits and the g.o.p. campaign for presidency could get a lot moringly in
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south -- a lot more ugly in south carolina. newt gingrich and supporters sus have been hammering mitt romney and now we see signs the attacks could be working. the changes we are witnessing next on "studio b" today. imum p. it's the only calcium supplement that can be taken with or without food. that's why my doctor recommends citracal maximum. it's all about absorption.
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>>shepard: newt gingrich is calling on a group that supports him to fix an advertisement it made attacking mitt romney, the 28 minute film goes after romney for his time at a company he cofounded bain capital. shorter versions are running and newt gingrich is calling on the group to fix what he calls "inaccuracies." or pull it entirely. america's newt gingrich has we himself blasted romney for buying out businesses during his
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time on bain capital which led to job losses. and texas governor rick perry jumped in, calling romney a "vulture capitalist." both facing increasing pressure to tone down the attacks on romney's business record. and now john roberts in south carolina. bain capital bought a company right there in south carolina. >>guest: they made photo albums and went out of business in not -- in 1992. so we went to that company to find out what they thought, and dropped in at a popular barbecue place and the first time was jim cook and he has been looking into this. here is what he told me of the impact of the closing. >> minimal. i looped at the unemployment rates for that time, there was a
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spike, short spike, but we ended the year about the same as we started the year and as a matter of fact . >>shepard: what happened? (inaudible). >> he said the real problem is unemployment now at 12 percent or 14 percent. >>shepard: what dot -- do the voters say? >>reporter: different things depending on who you talk to. some say the economy absorbed the job loss, and others say it was 20 years ago and another fellow will vote in florida and says she not going to vote for mitt romney because of all of this. >> just not worth the time and money to put somebody who might, might, might help the economy, but, surely he has not shown it to me in the business relationships he has had in the
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past. >>reporter: here is the bottom line. accurate or not, negative campaigning works. so we will see what it does to his numbers the next few days in south carolina. >>shepard: thank you, and now new polls in south carolina showing newt gingrich is catching up to mitt romney. one of them shows the candidate in a tie. the insider advantage poll shows mitt romney at 23 percent and nothing in at 21 percent. and the gap is wider in the rasmussen survey, with mitt romney leading newt gingrich 28 percent to 21 percent. and a weeking a the survey showed rick santorum in second place. and now the entirety of the g.o.p.: mitt romney is in the lead, leading newt gingrich by eight points and the other candidates quite far behind. and with us is a former member
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of president george bush sr. and advised two presidential campaigns. what do you make of the newt gingrich rising here? >>guest: well, negative ads do work. it is up to romney to push back but not take the low road, and stay on the high road and let the third parties do what they will. at the bottom line is this: organization at the end of day will win. getting people out to vote and the popular governor of south carolina has the organization necessary to put romney over-the-top and if she can continue that on for romney, romney will win because newt gingrich does not have the organization necessary in a tight race as we see with the polls, to try and get the people who are affected by the ads to vote. >>shepard: are the winds out of rick santorum's sail? >>guest: absolutely, rick santorum was hoping that iowa would translate interest a second place showing in new
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hampshire. it didn't happen. and of course the money is not there. the organization is not there. so i don't think he capitalized on the iowa tie and if you are not able to have that kind of momentum coming into south carolina, really, south carolina is over. >>shepard: if romney wins in south carolina that is three in a row, is it over? >>guest: after florida will tell the story, if romney was second, if newt gingrich capitalized, romney could still have a strong showing and newt gingrich will still be far behind. >>shepard: thank you, brad, south carolina is a week from saturday. that is the 21st and on the 3st is florida so february 1st if mitt romney wins them all he is the nominee. >>guest: it would be hard to stop him. some could hang on to super tuesday. i don't think -- super tuesday in march will tell the story once and for all.
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>>shepard: brad, good to see you. thank you. lawyers for john edwards dropped a bombshell revealing about the mysterious health condition and how it could affect the upcoming criminal trial. winter has arrived for many of us. we will tell you how bad it will get. and where. and when.
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>>shepard: this is "studio b" and i am shephard smith. that is the orchestra. the orchestra is mad at megyn for not liking the new tune. john edwards got this in the last hour: john edwards has a life threatening heart condition and needs surgery says his doctor, and that doctor said that to a federal judge today as defense lawyers fight tod the ex-senator's trial. mr. gentleman yes is accused of illegally using campaign cash to cover up an affair and a love child with his former mistress. he had that baby, the affair and the baby, while his now dead wife was very sick with cancer. john edwards' lawyer says the campaign was entitled to the money. and jonathan hunt is sitting over this by the lawyers. do we have details on to medical problem? it came out of nowhere. >>jonathan: the judge said today that she has had two letters from a cardiology for
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john edwards who says it is a serious health condition and it requires surgery. that surgery now scheduled to take place in early february and john edwards, according to his doctors, needs recovery time after that. so the judge said ordinarily she would try to manage something like this but there are clearly limitations on his because of what she called real and serious health issues and she now is delaying the trial until at leave march. >>shepard: this could be a difficult case for the prosecution. >>jonathan: it bowls -- boils down to whether this is campaign cash. the prosecution has to prove the $1 million funneled to john edwards' lover was intended for the campaign. if on the other hand, it was merely him going to a wealthy friend saying i need this cash to help my lover stay quiet and
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happy, it is distasteful but it is not illegal. >>shepard: all right, thank you, jonathan. you are on the "chat," today? >>jonathan: i am not, the producer is away. i am checking the green bay packers will win on sunday and will be 16-1 on the season on monday. that rhymes with lambeaux. even i know that and i am british. the rambo. >>shepard: arthur and josh are here, making the case will be difficult? really? >>arthur: i don't think it is open and shut. regarding the judge having to adjourn, it is a foundation of all criminal justice that a defendant has a right to participate in every aspect of the criminal trial or the criminal proceeding so the judge
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found credible that he is sick, and he does not have a heart or he needs it replaced, and they are adjourning --. >>shepard: doesn't have a heart. >> we got the joke. >>arthur: i am not surprised. i don't think the prosecution has a slam dunk case. >>guest: any legal discussion, it is known the system we have now in place on what to report and how to report on the campaign financing is difficult to interpret and difficult to hold someone to the iron and say this is what you use it for. we have someone who --. >>shepard: put him in jail for having a love child while his wife is dying of cancer. hopefully his heart will be fine and it will be repaired and back to the same spot, and now we prove the money was used directly and inappropriately for the lover.
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>>arthur: and he says i know what was going on, he needed money for this woman, nothing to do with buying ads and nothing to do with the campaign but trying to save the marriage and hide this. >>guest: most will see through this and clearly he had the money to begin with and the jury will see through that. if it was inappropriate, they will see that. >>shepard: he has stayed out of the public eye? >>jonathan: we saw him in december, no physical signs that he was sick and no physical sign today but heart condition does not manifest itself in that way. interesting what the judge said today. judge napolitano. we talked on the phone. he said if he wasn't a celebrity and wasn't the person he is and did the thing he did, he would
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not be prosecuted at all he believes. >>arthur: i concur. >>jonathan: but he is. and he is. >>shepard: a disgruntled employee opened fire at a lumber company and killed three co-workers this morning in the town of "star," and police say this the suspect walked for a plant with a gun and shot four people. the fourth victim is critical now. and cops say when the shooter went home he tried to kill him evidence is and now he is in the hospital. police report that the cops found six-page letter but did not reveal what was in it. it could have been a suicide note because he tried to kill himself. and a weather alert. after a mild start, really unusually mild, we now have snow. so it is january and snowing and, today, that is news. the first junior storm of the
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season hit parts of the northeast and the midwest, midwest first. we have seen up to 9" in some spots and this snow is not finished. and now, to chicago, they had to see this coming. you cannot be chicago and not expect this to she up. >>guest: usually by this time of year the city of chicago spent $6 million plowing a road. until yesterday they only spent $half -- spent half a million but that changed: 6" in the city. up to 1' around the region. and the snow came down warm and wet and then it got cold so you had big patches of ice on the road responsible for the car wrecks. hundreds of car wrecks. three people killed. due to traffic fatalities outside of st. louis and one killed outside of chicago. but the plows worked all night and got the roads clear and the flights you heard delayed outside of midway and o'hare
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airport, 500 of them are back on schedule now and all the kids who thought they would get a snow day had to go to school because the school was back in operation. the bad weather moved east and the cold weather has replaced it. >>shepard: the city of big shoulders. not the windy city. big shoulders and a goat. a goat. i know you have a goat. whatever. >>guest: that hurt. did you have to bring it up? >>shepard: one more thing. chicago is going high-tech. how? >>reporter: chicago is the only city where you can log on and track your own snowplower that is headed to your street. this is the brain child of rahm emanuel's social media guru and it is plow tracking, go to the city website and leg on and track the plows and you can type in your address and see when your street is going to be plowed. so, it is a new technology advantage and the city leaders
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were anxious to give it a test spin. >>shepard: all right, be well. the fight for the republican nomination is so harsh the party's own leaders are asking the candidates to give it a rest. speaking of resting, chris wallace will talk about that. and tim tebow he defeated the patriots while performing open-heart surgery and rescuing kittens from under a burning school bus. that didn't happen. but he did lose to the rebels 31-30 national championship year. tebow fans thing it is just a matter of time before he can do anything. tebow mania. [ male announcer ] drinking a smoothie with no vegetable nutrition? ♪
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>>shepard: republican national committee leaders are urging the g.o.p. presidential candidate and supporters to quit it already. quick going after each other and focus on the president. the focus after strategy meeting yesterday and fox news sunday host chris wallace knows about
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it. what was said? what was done? who was scolded? give us the dirt. >>chris: what happened is the rnc is meeting in new orleans and there are reporters there and they asked, what do you think? a bunch of them expressed disstress with the idea they are going after each other particularly the line of attack that romney is a vulture capitalist as rick perry puts it but i don't think there are any formal requests by the rnc or party leaders to the candidates to knock it off and if they said it the candidates would ignore, politics is a serious business and south carolina, i don't have to tell you, is a blood sport and these guys will go at it particularly because if you are romney or newt gingrich, or, rather, rick santorum or newt gingrich or rick perry you know if you don't stop romney in south carolina this race may be over. >>shepard: hang on. breaking news now on fox, rick
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perry, rick santorum and huntsman will not be on the ballot in the state of virginia. that is confirmed by fox. chris, that is stunning. >>chris: i am hearing this along with you. obviously, they had not submitted enough signatures to get on the ballot and they tried to do a lawsuit and they have been turned down. it is obviously a big state and to not be on the ballot is embarrassing for newt gingrich because this is where he lives and he made an effort to get on the ballot. >>shepard: speaking of real effort he has been beating the dog out of mitt romney with the campaign ads and now he is subjecting in south carolina. solidly in second place and some polls show him tied. >>chris: i don't know if you can tie it together but there is a bounce for gingrich in south carolina.
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and it is interesting, all the more reason why he is not going to make the super pac drop the attacks. he said if there is anything inaccurate in the super pac ads take it out but he does not have control of that and the have pac said, well, we will thing about it. >>shepard: who are you watching? eli? >>chris: the packers over the giants. >>shepard: you are impossible. they are about to get rambo-ed. >>chris: want to bet? >>shepard: i want some of your wife's soup.
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>>chris: what are you putting up? i don't want the conversation to go any further without congratulations that tomorrow is your birthday. >>shepard: it is. i'll be old again, chris. >>chris: for 50, you look fabulous. that is nice of you, i am almost there, 48. what are you, 60? >>chris: and then some. this tie is 60, what do you mean you are 48, you are going to be 48 or you will be 49? >>shepard: i will be 48 tomorrow. >>chris: are you sure you are not fudging? >>shepard: i say i am 50 so it will not be a big deal when i am 50. who is on the show, not that i will ask. i won't. >>chris: we will have rick santorum on and this will be the most interesting pat of the show. we will have a debate between rick tyler who was close to newt gingrich and now running his super pac and the head of the "club for growth," and they will have a debate of the question of private equity, bain capital, is
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it over the line, is it vulture capitalism or a legitimate way for companies and the markets to work. it should be interesting. we will miss you on the next fox news sunday. >>shepard: i am tired of the regular people who have debates every other day. i will watch the risk -- rick debate. >>chris: you can celebrate your birthday. >>shepard: i'll be hung over. tim tebow is not the best quaterback in the national football lead. that would be eli or one of the others but the player who sparked the creation of a new verb with his habit of praying is now the most popular athlete in any sport of any kind in our nation according to a poll. trace has that poll.
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tebow mania has caught. if he can beat the patriots, i'll believe. >>trace: the numbers show 18, 4th quarter scoring drives including four overtime victories but the odds makers are not bying it because as you have seen the patriots are 13 1/2 point favorites over the broncos but off the field, espn says tebow is now the most popular athlete. and kobe bryant and rogers and peyton manning, and tom brady but it is difficult to get him to brag. >> number one is what my mom and dad preached to me as a kid and that is just because you may have athletic ability and you can play a sport doesn't make you anymore special than anyone else. >>trace: tebow is now a jockey underwear spokesmans, they conducted a poll and tom brady was more desired to be seen so
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they redid the poll and now tebow is back on top in that unscientific poll. >>shepard: he is doing underwear ads? for real? the new marky mark? >>trace: exactly. >>shepard: so, is god really a broncos fan? that is ridiculous. he doesn't like football. >>trace: the answer is he does, and, yes, she a broncos fan which asked, does tebow get divine intervention and the results are: yes, he does get define intervention. and 43%. and all tebow said he does not get define -- divine intervention. and men were more likely than man to say god is a broncos fan. and there is word that tiger woods and tebow could play after the super bowl if tiger woods says it is cool and we will find
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out next week. what do they talk about? >>shepard: same thing all guys talk about. my guess is tebow will beat him. >>trace: exactly. and i like the patriots and packers and nineers and texas. >>shepard: you would because the chargers are not in it. tebow is an underwear advertisement? i don't know ... underwear? >>arthur: tebow and god and underwear. that is an interesting conscious. >>shepard: hope they got the fox microphones on that. we will update you on the military case on bradley
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manning. his handle is bradass 87. you can say that on tv. a former army private accuses of giving thousands of pages of classified documents.
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>>shepard: apple is stopping the release of the iphone in china after a near riot in a chinese stores a mob pelted a store with eggs and attacked a mall manager after they refused to open as scheduled. people slept at the store overnight and fought over their places in line. and apple spokesman in beijing says the delay is for safety
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reasons. price of an iphone in china is $1,070. how did they get eggs? they slept their overnight. former army private bradley manning, bradass 87 could face a court marshal. the military officer made the recommendation yesterday, meaning that he thinks there is enough evidence against the 24-year-old bradass 87, the former army specialist accused of leaking government secrets to wikileaks. and now judge napolitano, what is your beef? >>judge napolitano: the system is intended to provide the defendant with an opportunity to see the evidence and to challenge the evidence. if the civilian live that happens before a grand jury. the defendant is not there and the particulars are not there and the government presents the case to the grand jury and they almost always get an indictment.
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in the military system you have a hearing officer, one person. he conducts a mini trial and the decision is not, is he guilty, but the decision, is there enough evidence to make a case to bring it before a jury. in this particular case, the hearing officer was, himself, in his civilian life, is himself a federal prosecutor, a national guard on evening and weekend and was during the hearing but in the day he works at the justice department and prosecuted people. question. should a person like that be evaluating evidence or do they have sort of an inclination toward the government and against the defendant? >>shepard: that is not a question. there is only one answer. justification jug -- >>judge napolitano: he said he was never involved in a military prosecution and he would be fair. he probably did the right thing. there is enough evidence to bring it to trial or a court-martial but the issue is, what is the defense?
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the defense will be i revealed the truth and the public has the right to know the truth. not a defense that will work. >>arthur: that is what he said. >>shepard: i am surprised they would have someone if that capacity. >> i am the only one disagrees the prosecution will say i spent my time doing justice and i can weigh the facts but i don't know the military but i could indict a ham sandwich. >>judge napolitano: but i don't think any defense lawyer would want the judge to be a prosecutor. this is, literally, a prosecutor acting as a judge. >> and many judges were defense attorneys. >>arthur: there are no defense tones doing that ating as a grand jury. >> we will see a trial which all of this stuff that he revealed will be laid out by the government and the government will have to prove what he laid out and who he gave it to and
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why. >>shepard: thank you, judges we will want "freedom watch." the markets will close in a matter of seconds, we are off a little bit but not too bad. when you have tough pain, do you want fast relief? try bayer advanced aspirin. it's not the bayer aspirin you know. it's different. first, it's been re-engineered with micro-particles. second, it enters the bloodstream fast,
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